Is Your Christmas Tree a Liability?

According to the National Fire Protection Association, U.S. fire departments responded to an estimated average of 200 home structure fires per year that began with Christmas trees in 2011-2015. These fires caused an annual average of 6 civilian deaths, 16 civilian injuries, and $14.8 million in direct property damage.

Although Christmas tree fires are not relatively common, they are completely preventable, meaning that even one tragedy is too many. With that said, there are legal ramifications to a Christmas-tree induced fire including financial liability and injury liability.

A financial legal liability due to a preventable Christmas tree fire can arise when a fire causes damage to property other than the homeowner’s. This is especially a concern in multi-unit residences such as condominiums or townhouses. A Christmas tree fire in one unit could easily spread to other units resulting in the homeowner not only having to be financially responsible for their own units, but their neighbors’ as well. If that’s you, I have a feeling you won’t be invited to the next block party. Lucky for you, many homeowner’s insurances cover fires resulting from Christmas trees but don’t be surprised if your carrier tries to find a way out of that coverage or find ways to decrease the coverage. In other words, preventing the fire is easier than fighting with your insurance carrier. See Exhibit A of a multi-million dollar lawsuit involving uninsured damages resulting from a Christmas tree fire.

Legal liability could result from injury from any fire. If, for example, if you have guests over (very common over the holidays) and your guests are injured (as in, burned, ouch), your cousin may soon be a plaintiff. The same goes for neighbors in the event that the fire spread to their property.
So what are some ways you can prevent a Christmas tree from blowing up on fire? If your tree is a natural tree, you should be doing the following:

1. Start with a fresh tree. Non-fresh (and therefore dry) trees are more likely to catch fire. To test a tree’s freshness, run your hand over its branches. If a lot of needles come off in your hand, it isn't fresh enough.
2. Keep your tree hydrated. Once you bring it home, put it in water and water it daily. A dry tree goes up in flames more easily than a watered one.
3. Keep your tree away from heat sources that can dry it out. And make sure it doesn't block escape routes.
4. Throw the tree away the tree when it reaches old age. Even if you water them, trees usually last a maximum of four weeks.
Plastic trees can also get lit up on fire (not in a good way). Because of the chemicals that comprise the plastic trees, they can burn very quickly. Also, until recently, when manufacturers claimed that plastic trees were fire retardant or otherwise resistant to fire, this is not based on a standard regulation. Only in 2014 did a private corporation called Underwriters’ Laboratory (UL), a safety science leader, issued the first certification for pre-lit artificial Christmas trees. So if you are in the market for an artificial tree, look for the UL Certification.

As you can see, it’s fairly easy to ensure that your home and loved ones are safe from Christmas tree mishaps. With these easy steps, you can enjoy your holidays and focus on the dangers of discussing politics during Christmas dinner. Happy holidays to all!

Danya Shakfeh is an attorney based in Oak Brook, Illinois. Her practice focuses on contracts, business law, and business and civil litigation. She has published several legal articles and conducts legal seminars for legal consumers. You can learn more about her practice by visiting ShakfehLaw.com. You can call her office to (630) 517-5529 or email her to dshakfeh@shakfehlaw.com.